Sentencing Act 2020

Restriction on making community order etc and suspended sentence order E+W

12 (1) In section 203 (restriction on making community order and suspended sentence order)— E+W

(a) a reference to an offence in paragraph (b) or (c) includes a reference to an offence of which the offender was convicted before [F1 1 December 2020];

(b) in relation to such an offence, the reference to a suspended sentence order is to be read as a reference to an order under section 189(1) of the Criminal Justice Act 2003.

(2) In section 181(6) (restriction on making youth rehabilitation order and suspended sentence order), the reference to a suspended sentence order includes a reference to an order under section 189(1) of the Criminal Justice Act 2003.

(3) A court may not impose a community sentence, within the meaning given by section 147(1) of the Criminal Justice Act 2003, in respect of an offence if it makes a suspended sentence order in respect of—

(a) any other offence of which the offender is convicted by or before it, or

(b) any other offence for which it deals with the offender.

In this sub-paragraph “suspended sentence order” has the meaning given by section 286(1).

Textual Amendments

F1 Words in Sch. 27 para. 12(1)(a) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(8)(d)

Commencement Information

I1 Sch. 27 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2